LLB102 Lecture Notes - Lecture 5: No Liability, Urban Transit Authority
Document Summary
Common law needs to be: adaptable (develop and change as society changes, certain (law needs to be known so people can comply) The neighbour principle: attempted to define the basis of negligence liability. Ltd v minister administering the environmental planning and assessment act. Multi-factor approach - current australian approach: the kind of harm suffered must be recognised as being compensable and an infringement of a legally recognised right. Investments pty ltd v cdg pty ltd: nature of the relationships, coherency of the law. Indeterminacy: would recognising this duty create a precedent or "exposes defendants to a liability in an indeterminate amount for an indeterminate time to an indeterminate class" of persons? (ultramares corp v touche, niven & co) Includes when someone else"s injury causes their psychiatric distress. Multi-factor approach - psychiatric: recognised psychiatric injury, plaintiff must sustain a medically recognisable psychiatric injury, not merely grief, anxiety or sorrow (tame v nsw; annetts v stations pty.
